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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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After an investigation by the Deparment of Labor, I owe some

Customer Question

After an investigation by the Deparment of Labor, I owe some back wages and liquited damages, which were estimated the same amount as the back wages. They ask as "final proof of payment" a) for the completed Form WH-58; b) or cancelled check c) bank statment or other electronic bank record; or d) other evidence as approved by the Wage and Hour Division NOW MY QUESTION: Once I mail the WH-58 form which was signed by the employee to the Deparment of Labor, will they still require bank records that the employees have actually cashed the check? What if I have the signed and completed WH-58 form but the employees did not cash the checks, i.e. I have no bank record? What will happen then? Will the DOL ask for the bank records in addition to the WH-58 form, and if that is the case,i.e. if the bank records do not show that the check has been cashied in, what happens then?

Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unless there is some complaint from the employees after they sign and you submit the WH-58 forms, the DOL will not ask for the bank records or other evidence. Even if they did ask for bank records, if you can show your check ledger that the check was written, it is not your fault if the employees have not actually cashed the checks and all you are liable for doing is writing the check to the employee and having enough money in the account for that check to be cashed.

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Customer: replied 4 years ago.

Thanks. I believe that answered my question. If they DO ask anhow for a bank record

a) am I obliged to give it to them?

b) if it shows that the check is not cashed will they eventually ask me to turn the uncashed amount of the check over to them?


I understand they will do so i.e. (b) for employess who were contacted by mail, the mail was returned and if the check was cancelled?

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your follow up.

Yes, if DOL asks for any employment record you are bound to give it to them. It is also not good for you to fight with DOL, as they do have immense power and I have had employers spend hundreds of thousands of dollars just in legal fees fighting with DOL who can and will drag cases out for years if employers are not cooperative with them.

If the checks are not cashed, they will eventually ask for you to turn the money over to them which they hold in trust if they cannot locate the employee to give them the money due.